The fine consists of the obligation to pay the sum of money specified by the court

a) A fine in the penal code

The fine is imposed in daily rates, specifying the number of rates and the amount of one rate. By default, the lowest number of rates is 10, while the highest is 360. When setting the daily rate, the court takes into account the perpetrator's income, his personal and family conditions, property relations and earning potential; the daily rate cannot be lower than PLN 10 or exceed PLN 2,000.

The specific amount is determined by the court. It must be guided by the so-called penalties directives. So, in general, the court imposes a penalty at its discretion, within the limits provided for by law, taking care that its ailment does not exceed the degree of guilt, taking into account the degree of social harmfulness of the act and taking into account the preventive and educational goals to be achieved in relation to the convict, as well as the needs in shaping the legal awareness of society. In imposing a penalty, the court takes into account in particular the motivation and behavior of the perpetrator, committing a crime together with a juvenile, type and extent of violation of the obligations incumbent on the perpetrator, type and extent of negative consequences of the crime, properties and personal conditions of the perpetrator, way of life before committing the crime and behavior after committing it, and especially applying for compensation for damages or other forms of social justice, as well as the behavior of the victim. In imposing a penalty, the court also takes into account the positive results of mediation between the aggrieved party and the perpetrator, or the settlement reached between them in proceedings before the court or the prosecutor

The court may also impose a fine along with a prison sentence, if the perpetrator committed an act in order to achieve financial gain or if he achieved financial advantage. A fine is not imposed if the perpetrator's income, property relations or earning potential justify the belief that the perpetrator will not pay the fine and will not be able to recover it by way of execution. Suspending the execution of a penalty of deprivation of liberty, the court may order a fine of up to 180 daily rates if it cannot be imposed on another basis; suspending the execution of the penalty of restriction of liberty, the court may order a fine of up to 90 daily rates. In the event of ordering the execution of a prison sentence or restriction of liberty, the fine imposed pursuant to § 1 shall not be enforceable; imprisonment or restriction of liberty is reduced by a period corresponding to the number of daily rates paid rounded to the full day.

The court sentenced to a fine calls for it to be paid within 30 days. If the deadline expires ineffectively, the fine is collected by way of execution. If the execution of the fine proves ineffective or the circumstances of the case indicate that it would be ineffective, the court may replace the fine not exceeding one hundred and twenty daily rates, after prior consent by the convicted person, for socially useful work, assuming that ten daily rates are equivalent to one month of social work useful, rounded to the full month. Socially useful work is defined in months; If the convicted person, despite the possibility, does not pay the fine on time or undertakes the adjudicated substitute form of its implementation and it is found that it cannot be obtained by way of execution, the court decides to execute the replacement sentence, assuming that one day of imprisonment is equivalent to two daily rates; substitute penalty may not exceed 12 months imprisonment, as well as the upper limit of imprisonment for a given offense, and if the law does not provide for a given offense imprisonment, the upper limit of substitute imprisonment may not exceed 6 months.

b) A fine in the code of offenses

The fine for the misdemeanor is between 20 and 5,000 zlotys, unless different limits have been set in the specific provision (so you must always check the provision that describes the specific offense).

The adjudicating authority imposes a penalty at its discretion, within the limits provided for by the Act for a given offense, assessing the degree of social harmfulness of the act and taking into account the objectives of the penalty in terms of social impact as well as preventive and educational goals that it is to achieve in relation to the offender. In imposing a penalty, the deciding authority shall take into account, in particular, the type and extent of damage caused by the offense, the degree of guilt, motives, mode of action, attitude towards the victim, as well as the characteristics, personal and property conditions of the offender, his family relations, way of life before committing and behavior after committing an offense. Mitigating circumstances include, in particular:

1. the offender's actions under the influence of c narrow family or personal conditions;
2. the act of the perpetrator of the offense under the influence of strong agitation caused by an unfair attitude towards him or other persons;
3. action for reasons deserving of consideration;
4. the perpetrator leading an impeccable life before committing an offense and distinguishing himself by fulfilling his duties, especially in the field of work;
5. contributing or seeking the perpetrator to contribute to the removal of harmful consequences of his act.

However, aggravating circumstances include in particular:

1. the perpetrator's actions to obtain unlawful financial gain;
2. acting in a way that deserves special condemnation;
3. prior punishment of the perpetrator for a similar crime or offense;
4. hooligan nature of the offense;
5. action under the influence of alcohol or other intoxicant;
6. committing an offense to the detriment of a helpless person or a person whose offender should show special considerations;
7. committing an offense in cooperation with a minor.

If the execution of a fine in the amount exceeding PLN 500 turns out to be ineffective, after the consent of the punished person, it may be exchanged for a fine for socially useful work, specifying its type and duration. Socially useful work lasts the shortest week, the longest 2 months. If the offender does not agree to take up socially useful work or does not perform it despite giving his consent, a substitute prison sentence may be imposed by taking one day of arrest for an equivalent of a fine of PLN 20 to 150; a substitute penalty may not exceed 30 days in jail. A fine which cannot be converted into a substitute prison sentence may be canceled in particularly justified cases. You cannot impose a prison sentence or substitute prison sentence if the perpetrator's personal conditions prevent you from serving that sentence. The perpetrator may be released from substitute custody at any time by paying a sum of money to be paid. If the fine has been paid in part, the substitute penalty shall be reduced in a manner corresponding to the ratio of the amount paid in the amount of the fine.

legal status, April 9, 2020